The 2011 Nonprofit Counsel Summaries
January 2011
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TIGTA Issues FY 2011 Annual Audit Plan
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Tax Exemption Precluded Because of Lack of Independent Subsidiary [PLR 201044016]
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Gift of House for Demolition Yields No Charitable Deduction [Rolfs v. Commissioner]
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Angel Investment Network Failed to Qualify as Exempt Business League [PLR 201045034]
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Nonprofit Restaurant Failed to Qualify for Tax Exemption [PLR 201046016]
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Online Activities Preclude Exemption [PLRs 201043042, 201044019]
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IRS Issues Inflation Adjustments for 2011 [Rev. Proc. 2010-40]
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Supreme Court Update [Mayo Foundation for Medical Education and Research v. United States, Baldwin v. Sebelius, Arizona Christian School Tuition Organization v. Winn]
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OMB Issues Interim Guidance on Plain Writing Act Implementaation [M-11-05]
February 2011
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EO Division Issues FY 2010 Annual Report, FY 2011 Work Plan
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Congress Passes, President Signs Tax Relief, Extension Legisation [Pub. L. No. 111-312]
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Treasury, IRS Issue 2010-2011 Priority Guidance Plan
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Split Tax Court Approves Parsonage Allowance for Two Homes [Driscoll v. Commissioner]
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Fiscal and Reform Commission Issues "Moment of Truth" Report
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IRS Spells Out Easement Enforcement Requirements [PLR 201048045]
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District Court Holds Health Insurance Mandate Unconstitutional [Virginia v. Sebelius]
March 2011
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IRS Formalizes Form 990-N New Submission Threshold [Rev. Proc. 2011-15]
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Commission on Accountability and Policy for Religious Organizations Eestablished
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Sen. Grassley Releases Staff Memo on Media-Based Ministries
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Tax Court Denies Exemption to Successor of For-Profit Company [Asmark Institute, Inc. v. Commissioner]
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IRS Issues More Inflation Adjustments for 2011 [Rev. Proc. 2011-12]
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IRS Issues Procedural Rules for 2011 [Rev. Procs. 2011-1 through 2011-9]
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IRS Issues Guidance on Public Charity, Private Foundation Status [Rev. Proc. 2011-10]
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JCT Issues Tax Expenditures for Fiscal Years 2010-2014 [JCS-3-10]
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Supreme Court Holds That Medical Residents Are Subject to FICA Tax [Mayo Foundation for Medical Education and Research v. United States]
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Supreme Court Articulates More Deferential Judicial Standard for Reviewing Tax Regs [id.]
April 2011
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IRS Reverses UBI Positions as to Educational Institutions' Room Rentals [PLRs 201106019, 200625035]
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Transfers Resulting in Transferable Tax Credits Held Deductible Charitable Gifts [CCAM 201105010]
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Taxpayer Advocate Proposes Statute of Limitations on Retroactive Revocations
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ABA Sections Submit Comments on Hospital Exemption Rules
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College, University Endowments' Earnings Improved in FY 2010
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Trade Association Corner [PLRs 201105048, 201105043]
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Second District Court Holds Health Insurance Mandate Unconstitutional, Voids Entire Act [State of Florida et al. v. U.S. Department of Health and Human Services et al.]
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Other Health Care Law Legal Developments
May 2011
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Proposed Regulations Highlight Expanded IRS Authority to Disclose EO Information to State Officials [REG-140108-08]
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IRS Sketches Requirements for Exempt Health Insurance Issuers [Notice 2011-23]
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Church's "Hurtful" Picketing Accorded Free Speech Protection [Snyder v. Phelps]
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Charitable Deductions Denied in Donor-Advised Fund Scheme [Gundanna v. Commissioner]
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Tax-Exempt Organizations' Reporting of Uncertain Tax Positions
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PTINs, Everyone?
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Third District Court Upholds Constitutionality of Insurance Mandate [Mead v. Holder]
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Other Recent Court Decisions [Estate of Palumbo v. United States; State of Florida ex rel. Bondi v. U.S. Department of Health and Human Services; Schrimsher v. Commissioner; Styles v. friends of Fiji]
June 2011
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CMS, IRS Issue ACO Rules, Guidance [Notice 2011-20]
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Tissue Specimen Program Ruled to Entail Scientific Research [PLR 201114035]
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Fees, Commerciality, ... Here We Go Again [PLR 201114036]
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Parade of Other Recent Private Letter Rulings [PLRs 201107028, 201108041, 201109028, 201109029, 201109030, 201110012, 201110013, 201110020, 201113036, 201113041, 201115026,201115030, 201116028, 201116046]
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Charitable Giving Corner [Kaufman v. Commissioner, 1982 East, LLC v. Commissioner, Boltar, LLC v. Commissioner]
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Supreme Court Finds No Standing in Challenge to Scholarship Tax Credit [Arizona Christian School Tuition Organization v. Winn]
July 2011
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IRS is Focusing on Political Contributions Gift Tax Issue [New York Times, May 13]
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Republican Senators Request Information From IRS on Gift Tax Issue
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Senators Express Concerns About Proposed Executive Order
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Court of Appeals Holds Foundation is Not a Supporting Organization [Polm Family Foundation v. United States]
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IRS Issues Guidance as to Deductibility of Booster Club Dues [PMTA-2011-004]
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Exemption Denied to Military Students Housing Organization [PLR 201119036]
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Organization's Status as Exempt Labor Organization Revoked [PLR 201121027]
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Foreclosure-Related Services Organization Fails to Achieve Exemption [PLR 201121021]
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IRS Updates Unrelated Business Statistics
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IRS Updates Statistics on Noncash Charitable Contributions
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IRS Updates Statistics on Split-Interest Trusts Filings
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IRS Updates Statistics on Private Foundations
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Major Gift Opportunities and Techniques: A Series
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Parade of Other Recent Private Letter Rulings [PLRs 201117005, 201117035, 201120035, 201120036]
August 2011
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IRS Identifies Organizations That Have Revoked Exemption, Announces Reinstatement, Charitable Deductibility, Procedures [IR-2011-63, Ann. 2011-35, Notice 2011-43, Notice 2011-44, Rev. Proc. 2011-33, Rev. Proc. 2011-36]
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IRS Seeks Comments on Form 990 Transitional Issues [Ann. 2011-36]
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Facade Easements Deduction Decision Affirmed [Commissioner v. Simmons]
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Court Opines on Unreimbursed Charitable Expenditures Rules [Van Dusen v. Commissioner]
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AHA Submits Comments to IRS on Exempt Hospitals' Participation in ACOs
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Sometimes, Commerciality is Obvious [PLRs 201122022, 201122028, 201124025, 201125042]
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Parade of Other Recent Private Letter Rulings [201123035, 201123041, 201123045, 201123046,201124024, 201125043, 201125045]
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Court Rules Ban on Corporate Political Contributions is Unconstitutional [United States v. Danielczwk, Jr., and Biagi]
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Part I: Major Gift Opportunities and Techniques -- Private Foundations
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CBO Explores Options for Changing Charitable Giving Law
September 2011
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IRS Closes Gift Tax Audits
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IRS Issues Guidance on Community Health Needs Assessments [Notice 2011-52]
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Appellate Court Upholds Constitutionality of Health Insurance Mandate [Thomas More Law Center v. Obama]
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Supreme Court Strikes Down State Campaign Finance Law [Arizona Free Enterprise Club's Freedom Club PAC v. Bennett]
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HHS Proposes Rule to Implement CO-OP Program [CMS-9983-P]
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IRS Approves Charity-PAC Arrangement [PLR 201127013]
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Private Foundation Corner [PLRs 201127011, 201129049; TAM 201129050]
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Part II: Major Gift Opportunities and Techniques -- Supporting Organizations
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Parade of Other Recent Private Letter Rulings [201125007, 201126007, 201126039, 201128027, 201128028, 201128032]
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IRS Issues Clarification as to Booster Club Dues Deductibility
October 2011
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IRS Issues Form for Requesting Private Foundation, Other Determinations [Form 8940]
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Budget Control Act Creates Congressional Supercommittee
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Appellate Court Holds Health Insurance Mandate Unconstitutional [Florida v. HHS]
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IRS Audit Not Condition Precedent, Leads to Larger Charitable Deduction [Estate of Petter v. Commissioner]
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IRS Pushes Boundary of Private Benefit Doctrine [PLR 201128030]
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Tax Exemption Precluded on Four Fronts [PLR 201126040]
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Private Foundation Corner [PLRs 201130006, 201130008]
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Parade of Other Recent Private Letter Rulings [201132011, 201133011, 201133012, 201133013]
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ABA Tax Section Submits Items for Priority Guidance Plan
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Part III: Major Gift Opportunities and Techniques -- Donor-Advised Fund
November 2011
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Treasury, IRS Issue 2011-2012 Priority Guidance Plan
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IRS Issues Form 990 Implementing Regulations [T.D. 9549]
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TIGTA Issues Report on IRS Planning Efforts for Health Legislation [2011-10-085]
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Court of Appeals Finds Tax Fraud Based on Forms 990 Filings [United States v. Mubayyid]
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Private Foundation Allowed to Use SMLLC in Construction of School [PLR 201134023]
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Election Under Tax-Exempt Entity Leasing Rules Allowed [PLR 201138031]
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Care Act Litigation Update
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Parade of Other Private Letter Rulings [PLRs 201135032, 201135036, 201136027, 201137012]
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CRS Issues Report on Higher Education Tax Benefits
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Part IV: Major Gift Opportunities and Techniques -- Charitable Remainder Trusts
December 2011
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Senate Finance Committee Holds Hearing on Charitable Deduction
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Membership Organization Required to Allocate Dues to Magazine Income for UBIT Purposes [National Education Association of the United States . Commissioner]
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The Curious State of IRC sec. 6110(k)(3)
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Organization Denied Social Welfare Status Because of Private Benefit [PLR 201142027]
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IRS and Private Inurement: Still Other New Twists [PLR 201141021]
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Other Recent Priate Letter Rulings [PLRs 201140013, 201140028, 201142026]
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Legislative Developments
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Care Act Litigation Update
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IRS Updates ACO Guidance [FS-2011-11]
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IRS Issues Inflation Adjustments for 2012 [Rev. Proc. 2011-52]